K-1 or spousal?

[DaniTudor 4]

Hi all! I'm am American living in the UK for the past 10 years. I'll have citizenship this year. My Brit partner and I want to move back to the states in a few years, and I'm a little lost for the best plan of action. We've been together years and live together, but would like to not get married. I understand that's probably not an option for him to move to the US, we'll have to get married, which is ok. But I'm not aure the best way to go about it? Do we go for a K1 fiancé visa or get married and go spousal? Are there different timelines? It's a bit jumbled as I have a home here that I'm going to develop and sell on, so we'd ultimately like it to align with that (several years from now) and I also own property in the states, no plans to sell that though, just not sure if that makes it easier to re-pat. I'm just starting the journey, so any advice is appreciated. 

 

[Crazy Cat 41,888]

Every couple has their own priorities, and each couple must decide which visa is better for their situation.

K-1        
    More expensive than CR-1    
    Requires Adjustment of Status after marriage (expensive and requires a lot of paperwork)    
    Spouse can not leave the US until she/he receives approved Advance Parole (approx 6-8 months)    
    Spouse can not work until she/he receives EAD (approx 6-8 months)    
    Some people have had problems with driver licenses, Social Security cards, leases, bank account during this period    
    Spouse will not receive Green Card for many months after Adjustment of Status is filed.
    A K-1 might be a better choice when 18-21 year old children are immigrating also
    In some situations, marriage can affect certain Home country benefits, making a K-1 a better choice   
    A denied K-1 is sent back to USCIS to expire
    

CR-1
    Less expensive than K-1    
    No Adjustment of Status(I-485, I-131, I-765) required.    
    Spouse can immediately travel outside the US    
    Spouse is authorized to work immediately upon arrival.    
    Spouse receives Social Security Card and Green Card within 2 or 3 weeks after entering the US    
    Opening a bank account, getting a driver's license, etc. are very easily accomplished with GC, SS card, and passport.
    Spouse has legal permanent Resident status IMMEDIATELY upon entry to US.
   

 

[Crazy Cat 41,888]

****Moved to What Visa Do I Need?*****

[DaniTudor 4]

3 minutes ago, Crazy Cat said:

Every couple has their own priorities, and each couple must decide which visa is better for their situation.

K-1        
    More expensive than CR-1    
    Requires Adjustment of Status after marriage (expensive and requires a lot of paperwork)    
    Spouse can not leave the US until she/he receives approved Advance Parole (approx 6-8 months)    
    Spouse can not work until she/he receives EAD (approx 6-8 months)    
    Some people have had problems with driver licenses, Social Security cards, leases, bank account during this period    
    Spouse will not receive Green Card for many months after Adjustment of Status is filed.
    A K-1 might be a better choice when 18-21 year old children are immigrating also
    In some situations, marriage can affect certain Home country benefits, making a K-1 a better choice   
    A denied K-1 is sent back to USCIS to expire
    

CR-1
    Less expensive than K-1    
    No Adjustment of Status(I-485, I-131, I-765) required.    
    Spouse can immediately travel outside the US    
    Spouse is authorized to work immediately upon arrival.    
    Spouse receives Social Security Card and Green Card within 2 or 3 weeks after entering the US    
    Opening a bank account, getting a driver's license, etc. are very easily accomplished with GC, SS card, and passport.
    Spouse has legal permanent Resident status IMMEDIATELY upon entry to US.
   

 

Amazing!! Thank you for that. We do not have children, or any concerns there. This was the most straightforward answer I've gotten from any forum/group! Sounds like marriage first makes things much simpler. Maybe Vegas when were there in September- lol! Much appreciated 🙏 

[Crazy Cat 41,888]

8 minutes ago, DaniTudor said:

Amazing!! Thank you for that. We do not have children, or any concerns there. This was the most straightforward answer I've gotten from any forum/group! Sounds like marriage first makes things much simpler. Maybe Vegas when were there in September- lol! Much appreciated 🙏 

If you want a Vegas wedding, one of our esteemed members, @Loren Y conducts Vegas marriages for VJ members.  He can get you a legal marriage certificate FAST!  You can then start the spousal visa process.  Normal timeline for a CR-1 is about 18 months from filing to visa in hand.  Good Luck!!

By the way, welcome to Visa Journey.  We strive to be the very best source for immigration information.  

Edited August 1, 2022 by Crazy Cat

[SteveInBostonI130 3,459]

Marry and file for CR1.

 

It will take roughly 18 months from submitting the I-130 and your husband getting the CR1 visa.

[DaniTudor 4]

19 minutes ago, Crazy Cat said:

If you want a Vegas wedding, one of our esteemed members, @Loren Y conducts Vegas marriages for VJ members.  He can get you a legal marriage certificate FAST!  You can then start the spousal visa process.  Normal timeline for a CR-1 is about 18 months from filing to visa in hand.  Good Luck!!

By the way, welcome to Visa Journey.  We strive to be the very best source for immigration information.  

Amazing! I've got friends there that we stsy with, I'm from Seattle, and as my partner is a huge Raiders fan, we tend to go every year. Wouldn't hurt to have some help though 😊

[Loren Y 2,755]

If you want to get married in September let me know. I can get you all set up with certificate in hand in about an hour. Message me for my contact information, and I can definitely get you squared away. And I don't charge members of VJ for the service! Unless you need me to dress up like Elvis or something... LOL

[Crazy Cat 41,888]

1 minute ago, Loren Y said:

And I don't charge members of VJ for the service!

You have my vote for "VJ Member of The YEAR"!!!!

Edited August 1, 2022 by Crazy Cat

[Dashinka 24,512]

I would agree that the spousal visa when you are ready is the way to go.  As @SteveInBostonI130mentioned it will take about 18 months from the time of filing the I130 until the visa is issued (YMMV), and this can be slow walked a bit at the NVC stage to work with your schedule of repatriating, as when you are ready, you will need to show, as the USC, your intent to re-establish domicile back in the US for your then spouse to get their visa.

 

Good Luck!

[P055UM 281]

To add the to the good advice already given above, the sooner you get married, the more likely it is that you'll have been married two years upon US entry of the beneficiary. This gives a 10 year GC rather than a 2 year GC with removal of conditions requirement

 

[DaniTudor 4]

20 hours ago, Loren Y said:

If you want to get married in September let me know. I can get you all set up with certificate in hand in about an hour. Message me for my contact information, and I can definitely get you squared away. And I don't charge members of VJ for the service! Unless you need me to dress up like Elvis or something... LOL

Lol! My partner would love an Elvis wedding 😉😃 that is very kind, thank you!